On January 1, 2006 most of us were sipping champagne (Sparkling Wine if it was not from France), kissing our loved ones for good luck and joining in with the traditional singing of "Auld Lang Syne". However, a large majority of us were unaware of what new laws had just taken affect.
On October 7 of last year, SB 833, the Unsolicited Advertising Faxes bill was signed into law by the governor. This new California law, which would regulate certain fax communications, did not take affect. The law was delayed until at least January 31, pending a January 23 hearing on the law's merits. The issue is the fact that the new law would conflict with recently implemented federal law, the Junk Fax Protection Act of 2005.
While the federal law provides exceptions for fax senders who have an "established business relationship" with the recipient, California law includes no such exception. This difference has implications nationwide, as California's fax law would apply to interstate faxes as well as intrastate faxes.
SB 833 is currently being contested in Chamber of Commerce of the United States of America v. Lockyer.
Other new laws which went into affect January 1, 2006 are:
Car Buyers Bill Of Rights
Requires car dealers to offer used-car buyers a two-day cancellation option, which lets the buyer return the car without cause under certain conditions.
Elder Financial Abuse
This law states that all officers and employees of certain financial institutions are required to report suspected financial abuse of seniors.
Homeowners Associations Laws
? Homeowners associations must use secret ballots for elections in common-interest developments.
? The associations will not be able to foreclose on property to collect delinquent assessments that are less than $1,800 and less than 12 months late.
? The Associations must make all records, not just accounting records and meeting minutes, available to members.
Inheritance Advance
Lenders who offer cash advances to consumers whose inheritance is tied up in probate will have to disclose all fees and get court approval for the transactions.
New Drivers
Drivers who have had their provisional licenses for less than six months cannot drive between 11 p.m. and 5 a.m. These drivers also cannot transport passengers under the age of 20 unless they are accompanied by a licensed driver who is at least 25 years old.
Phishing
This law makes it illegal to solicit or request someone’s identifying information by falsely representing that the information is being requested by a business, a practice known as “phishing.”
Rechargeable Batteries
Requires stores that sell rechargeable batteries must set up recycling or disposal programs for used batteries.
On October 7 of last year, SB 833, the Unsolicited Advertising Faxes bill was signed into law by the governor. This new California law, which would regulate certain fax communications, did not take affect. The law was delayed until at least January 31, pending a January 23 hearing on the law's merits. The issue is the fact that the new law would conflict with recently implemented federal law, the Junk Fax Protection Act of 2005.
While the federal law provides exceptions for fax senders who have an "established business relationship" with the recipient, California law includes no such exception. This difference has implications nationwide, as California's fax law would apply to interstate faxes as well as intrastate faxes.
SB 833 is currently being contested in Chamber of Commerce of the United States of America v. Lockyer.
Other new laws which went into affect January 1, 2006 are:
Car Buyers Bill Of Rights
Requires car dealers to offer used-car buyers a two-day cancellation option, which lets the buyer return the car without cause under certain conditions.
Elder Financial Abuse
This law states that all officers and employees of certain financial institutions are required to report suspected financial abuse of seniors.
Homeowners Associations Laws
? Homeowners associations must use secret ballots for elections in common-interest developments.
? The associations will not be able to foreclose on property to collect delinquent assessments that are less than $1,800 and less than 12 months late.
? The Associations must make all records, not just accounting records and meeting minutes, available to members.
Inheritance Advance
Lenders who offer cash advances to consumers whose inheritance is tied up in probate will have to disclose all fees and get court approval for the transactions.
New Drivers
Drivers who have had their provisional licenses for less than six months cannot drive between 11 p.m. and 5 a.m. These drivers also cannot transport passengers under the age of 20 unless they are accompanied by a licensed driver who is at least 25 years old.
Phishing
This law makes it illegal to solicit or request someone’s identifying information by falsely representing that the information is being requested by a business, a practice known as “phishing.”
Rechargeable Batteries
Requires stores that sell rechargeable batteries must set up recycling or disposal programs for used batteries.